Is a Defendant required to instruct sua sponte on the elements of the crimes in a motion?
California, United States of America
The following excerpt is from People v. Gates, 240 Cal.Rptr. 666, 43 Cal.3d 1168, 743 P.2d 301 (Cal. 1987):
12 Defendant is not correct, however, in asserting that the court was also required to instruct sua sponte on the elements of the crimes; the court need only so instruct upon request. (People v. Phillips (1985) 41 Cal.3d 29, 72, fn. 25, 222 Cal.Rptr. 127, 711 P.2d 423; People v. Davenport (1985) 41 Cal.3d 247, 281-282, 221 Cal.Rptr. 794, 710 P.2d 861.)
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